Electronic fund transfer (EFT) agreement
Assignment of your earned wages
Last modified [December 5, 2019]
PLEASE CAREFULLY READ ALL OF THESE TERMS AND CONDITIONS AND KEEP A COPY OF THIS DOCUMENT FOR YOUR RECORDS.
This Agreement between Rain Technologies Inc. and you governs the access to and use of Rain’s mobile app (the “Rain App”) and the products and services that Rain provides to you. The person who uses Rain’s website or who downloads the Rain App (“You”) is agreeing to all of the terms and conditions for use of Rain’s website or the Rain App, as the case may be.
This Agreement also provides the terms and conditions for Rain’s other products and services offered or provided to You (each individually or collectively, as the case may be, the “Services), including Your Rain Account or electronic fund transfer (EFT) services.
By using the Rain App or by using any aspect of the Services, You acknowledge and agree that You are bound by the terms and conditions of this Agreement.
When You use the Services to obtain Rain’s service that allows You an earned wage payment, You may be assigning to Rain a portion of Your earned wages, in accordance with this Agreement.
Under this Agreement, Rain may, at any time, change any condition, term, or provision of the Agreement, including by exercising its rights to impose any new type of fee or charge on You or to increase the cost or the price of any of the Services. If Rain materially changes a provision of this Agreement, Rain will let You know by showing the revised provision when You access the Services, and Rain shall send You an email notifying You of the revised provision of the Agreement. Rain shall use the email address You have on file with Rain, and Rain shall not be liable for resending any returned email so long as Rain uses the email address on its file.
Please carefully read each of the parts of this Agreement, which contains:
I. Electronic Fund Transfer (EFT) Agreement
II. Assignment of Your Earned Wages
IMPORTANT INFORMATION WILL BE PROVIDED TO YOU IN ELECTRONIC RECORDS, SUCH AS VIA EMAIL.
I. Electronic Fund Transfer (EFT) Agreement
1. Creation of Your Rain Account. When You login and register to the Rain App to have access to and use the Services, You will be creating Your Rain Account. Each time You have access to or use of Your Rain Account, You are signifying that You agree to all of the terms and conditions of this Agreement. Your Rain Account is only for You, and You may not permit any person to have access to or to use Your Rain Account. If You allow any person to have access to or to use Your Rain Account, You shall be responsible for any act (or omission) that the person makes, including for any type of transaction made by the person.
2. Security of Your Rain Account. You shall be solely responsible for all actions and transactions that You or Your authorized agent make in Your Rain Account. Except to the extent prohibited by law, Rain shall not bear any liability or any responsibility for any misuse of Your Rain Account or any loss of information relating to Your Rain Account. You shall not disclose to or share with any person your login credentials, passwords, or other personally identifiable information that would allow access to or use of Your Rain Account (individually or collectively the “Credentials”).
3. Electronic Payments. By using Your Credentials to use Your Rain Account and the Services, You authorize Rain, or Rain’s agent, to draw a check, draft, or otherwise effect a payment transaction to or from Your Rain Account. Without limitation, a payment transaction may be made via electronic fund transfer (EFT), wire transfer, or substitute check (each an “Electronic Payment”), and the transaction may clear and settle via an automated clearing house (ACH) or via another method that may be selected by Rain, its agent, or Your bank or credit union (or its agent).
4. Link to Your Primary Bank Account. To use the Services, You shall enroll and link to Your Rain Account one or more of Your transaction accounts, such as a checking, money market savings, or regular savings account, that You hold with a bank or credit union (“Your Bank”). At all times, You shall designate one of Your transaction accounts held at Your Bank to be linked to Your Rain Account. (“Your Primary Bank Account”). You may change Your Primary Bank Account, except to the extent that Rain prevents or postpones the change, such as to complete a pending Electronic Payment. When You request an Electronic Payment to be made to or from Your Rain Account, Your Bank may impose a fee or charge for its product or service to You, and Rain shall not be liable to You or any other person in connection with such fee or charge. As between You and Rain, You shall be responsible for any act or omission made by Your Bank in connection with Your request of or Rain’s action relating to an Electronic Payment. Without limiting Your responsibility for action or inaction by Your Bank,
5. Fees. Rain may impose a fee or charge on You for use of the Services (each a “Fee”) relating to any Electronic Payments. Rain may, in its sole discretion, allow You two or more options to make a payment of a Fee; provided,however, that at any time, Rain may initiate an Electronic Payment to debit Your Primary Bank Account to satisfy any amount You owe for any Fee. BY ACCESSING OR USING THE RAIN APP OR YOUR RAIN ACCOUNT, YOU SIGNIFY YOUR AGREEMENT TO PERMIT RAIN TO DEBIT OR OTHERWISE CHARGE YOUR PRIMARY BANK ACCOUNT FOR ANY FEE.
6. Rain’s Liability for Failure to Make Electronic Payments. If Rain does not complete an Electronic Payment that You request or otherwise authorize by the time specified or in the amount You request for that Electronic Payment, Rain shall be liable for any loss or damage that You experience as a result of the untimely or incorrect payment. However, Rain shall not be liable to You under other circumstances relating to an Electronic Payment, including:
- If, through no fault of Rain, You do not maintain accurate information relating to Your Primary Bank Account;
- If the online channel or internet system that You use when requesting the Electronic Payment is not working properly and You have knowledge of the defect in that channel or system when You are seeking to use the Rain App or Your Rain Account; or
- If one or more other exceptions contained in this Agreement may relieve Rain of its liability.
7. Confidentiality of Information. Rain may disclose any data or other information, including any nonpublic personal information about You, to any third party in connection with Your use of Your Rain Account or Your request for an Electronic Payment if the disclosure is:
- Necessary to conduct or to complete any transaction for the Electronic Payment or to settle or to document the Electronic Payment;
- Authorized by You, which authorization may be made orally or in writing; or
- Permitted by Rain’s Privacy Notice.
8. Consumer Liability for Unauthorized Transfers or Unauthorized Electronic Payment.
Tell us AT ONCE if You believe the Credentials of Your Rain Account have been stolen, or if You believe that any EFT or Electronic Payment has been made without Your permission using Your Credentials. You could lose all the money in Your Primary Bank Account (plus Your maximum overdraft line or credit). Telephoning is the best way of keeping Your possible losses down. You can call: 415-510-9071 or write:
Alex Bradford, CEO at Rain
258 3rd Avenue
Venice, CA 90291
If You tell us within 2 business days after You learn of the loss of Your Credentials, You can lose no more than $50 if someone used Your Credentials without Your permission. If You do NOT tell us within 2 business days after You learn of the loss of Your Credentials, or that an EFT or other Electronic Payment has been made without Your permission using Your Credentials, and we can prove we could have stopped someone from using Your Credentials without Your permission if You had told us, You could lose as much as $500.
If Your statement shows EFTs that You did not make or authorize to make through Your Rain Account, tell us at once. If You do not tell us within 60 days after the statement was mailed to You or sent to You electronically, You may not get back the money You lost after the 60 days if we can prove that we can stop someone from taking the money if You had told us in time. If a good reason (such as a long trip or a hospital stay) kept You from telling us, we will extend the time periods.
9. Electronic Payment for Earned Wage Payment. You may request an Electronic Payment to be initiated by Rain in order for You to obtain funds corresponding to Your earned wages. An Electronic Payment intended to transfer funds corresponding to Your earned wages is defined in this Agreement as an “Earned Wage Payment,” and Rain may, in its sole discretion use any other term or description for such a transaction, such as in Rain’s marketing or promotional materials relating to the Rain App or for Your Rain Account. As between You and Rain, You warrant that, as of the time You request an Earned Wage Payment, that You: (i) have rights to the relevant employer or other firm (such as an employment firm) to receive wages, salary, or other cash benefits due to be paid (“wages”); (ii) have performed all of the work or other services of any kind necessary for Your rights to the wages; (iii) shall hold Rain harmless for any and all claims that may be made against You by any person in connection with the payment or receipt of Your wages. In order for You make a request for an Earned Wage Payment, You shall comply with all of the terms and conditions that Rain may impose, through any mechanism on the Rain App or in Your Rain Account. Without limiting the scope of the preceding sentence, for each Earned Wage Payment that You request, You warrant that: (a) Rain may limit the amount of funds to be transferred for the Earned Wage Payment to be at or below any threshold that Rain, acting in its sole discretion may set; (b) all information that You provide to Rain is accurate; and (c) You will hold Rain harmless for any loss or damage that You may experience if Rain, acting in its sole discretion, limits the amount or timing of any Earned Wage Payment to conform with the thresholds or limits that Rain may establish for Your Rain Account. This means that if the amount or the timing of an Earned Wage Payment does not conform to the thresholds or limits that Rain may establish for Your Rain Account, Rain may exercise its rights to modify Your request so that an Electronic Payment may satisfy part of Your request for the Earned Wage Payment.
10. Settlement of Funds in Your Primary Bank Account. You warrant that You, not Rain, are responsible for the timing of making any request for an Earned Wage Payment in order for funds to be available to You in Your Primary Bank Account. You warrant that You will hold Rain harmless for any and all losses, costs, or damages to You of any kind due to the timing of any settlement or availability of funds in Your Primary Bank Account. This means that, even though Rain shall be obligated to You to effect the Electronic Payment in the amount you request for each Earned Wage Payment, the funds made available to You by Your Bank could be available to Your on a date than is later than You expected (when making Your request via the Rain App) or less than the amount You had requested. You could, for example, receive an amount from Your Bank in Your Primary Bank Account that is less than the amount You had requested for the Earned Wage Payment if Your Bank delays access to such funds or exercises any right Your Bank may hold for set off or other deduction from Your Primary Bank Account.
11. Statements for Your Rain Account.
You have the right to receive an account statement showing Your Rain Account activity. You may view Your Rain Account statement by logging into Your Rain Account on the Rain App using Your Credentials.
- Transfers. You can get a receipt at the time you make any transfer to or from Your Rain Account using the Rain App.
- Periodic statements. Rain shall provide You with a [monthly][quarterly] account statement (unless there are no transfers in a particular month). In any case, You will get the statement at least quarterly.
12. Security Measures for Your Rain Account and Electronic Payments.
Under certain circumstances, in order to protect Your Rain Account and the security and integrity of the network that uses the Rain App or the Services, Rain may, in its sole discretion, take account-level or transaction-level actions. Rain’s decision about limitations and holds may be based on confidential criteria that are essential to Rain’s management of risk and the protection of the Rain App or the Services, its customers, or its service providers. Rain may use propriety fraud and risk modeling when assessing the risk associated with Your Rain Account. Rain also may be restricted by regulation or a governmental authority from disclosing certain information to You about such decisions. Rain shall not have any obligation to disclose to You information regarding Rain’s risk management or its security procedures.
- Limitations on frequency of Electronic Payments. For security reasons and other reasons, there are limits on the number of Electronic Payments You can make using Your Rain Account.
You may only use the Rain App for up to 8 transactions each month.
- Limitations on dollar amounts of Electronic Payments. You may transfer up to half of Your Earned Wage Payment each pay period from Your Rain Account.
- Account limitations. Limitations are implemented to help protect Your Rain Account when Rain notices restricted activities or activity that appears to be usual or suspicious. Your Rain Account may be limited when:
- Rain suspects someone could be using Your Rain Account without Your knowledge.
- Another financial institution, such as Your Primary Bank, advises that someone has used Your linked payment methods without permission.
- Rain is obligated by the law to do so.
- Rain reasonably believes You have breached this Agreement.
You will need to resolve any issues with Your Rain Account before a limitation can be removed. Normally, this is done after You provide Rain with the information that is requested. However, if Rain reasonably believes a risk still exists after You have provided us that information, Rain may take action to protect itself, its users, a third party, or You from reversals, fees, fines, penalties, legal and/or regulatory risks and any other liability.
- Holds. A hold is an action that Rain may take under certain circumstances either at the transaction level or the account level. When Rain places a temporary hold on an Electronic Payment, the money is not available to either the depositor or the recipient. Rain reviews many factors before placing a hold on an Electronic Payment, including, but not limited to transaction activity, the history of an account, and past disputes. Rain may place a hold on transactions involving Your Rain Account if, in Rain’s sole discretion, Rain believes that there may be a high level of risk associated with You, or Your Rain Account, or Your transactions or that placing such a hold is necessary based on a number of factors, including information available from internal sources or from third parties. Risk-based holds may remain in place for up to 180 days from the date the Electronic Payment was made. Rain may release the hold earlier under certain circumstances, but any earlier release is at Rain’s sole discretion.
II. Assignment of Your Earned Wages
1. Assignment. As between You and Rain, You warrant that, as of the time You request an Earned Wage Payment, that You: (i) have rights to the relevant employer or other firm (such as an employment firm) to receive wages, salary, or other cash benefits due to be paid (“wages”); (ii) have performed all of the work or other services of any kind necessary for Your rights to the wages; (iii) shall hold Rain harmless for any and all claims that may be made against You by any person in connection with the payment or receipt of Your wages. Upon each of Your requests for an Earned Wage Payment, You grant, assign, and transfer to Rain any and all rights that You hold corresponding to the wages for that request.
2. You Do Not Have Any Right of Revocation; You Agree to Hold Rain Harmless. Upon each of Your requests for an Earned Wage Payment, Your assignment to Rain of any and all of the rights to Your wages is irrevocable. You have no right to reverse or countermand any instruction You make on the Rain App or otherwise in Your Rain Account to assign any and all rights to Rain of Your wages. This means that: (i) once You complete a transaction (e.g., click “complete” or “submit” when requesting an Electronic Payment), Rain, and not You, holds all of the rights to Your wages that corresponds to the amount of the Earned Wage Payment; and (ii) Your paycheck when paid by Your employer will reflect the deduction or other subtraction of the wages You have earned. You shall hold Rain harmless for any and all losses or damages that You may experience due to the reduction in Your paycheck which results, directly or indirectly, from the request You had made for an Earned Wage Payment.
3. Rain May Further Assign Rights to Receive Your Earned Wages. By using Your Rain Account, and upon each of Your requests for an Earned Wage Payment, You warrant that only You hold the rights to Your earned wages. You further warrant that You have not entered into any other agreement or transaction that could provide any person with rights to Your wages. Upon Your assignment to Rain of any and all of the rights to Your earned wages in connection with any Earned Wage Payment, Rain may, in its sole discretion, assign its rights to any person, regardless of the time in relation to effecting any Electronic Payment.
4. Your Consent to Allow Rain to Monitor Your Accounts to Enforce Rain’s Rights. By using Your Rain Account, and upon each of Your requests for an Earned Wage Payment, You signify Your consent to allow Rain to use any method that Rain, in its sole discretion, may select to monitor or otherwise collect information about Your accounts for the purpose of enforcing Rain’s rights under this Agreement. This means that You agree that Rain may collect data pertaining to Your Primary Bank Account or any other account in order to monitor transactions to allow Rain to assess whether You are using any other services provided by another party that could impair or obstruct Rain’s rights to Your assignment of Your earned wages.
BINDING CONTRACTUAL TERMS
Rain reserves the right to modify or discontinue the Services (or any portion of the Services), temporarily or permanently. Rain shall notify you in advance of Rain’s election to exercise its right to discontinue the Services. Rain shall not be liable to You or any third party in the event that Rain exercises its right to modify or discontinue the any portion or all of the Service.
AUTHORIZED USE OF THE SERVICE
RESTRICTIONS ON USE OF THE SERVICES
- use the Service for any purpose other than for using the features Rain intentionally provides or makes available to You;
- share Your password, allow any person to access Your account, or take any action or inaction that might jeopardize the security of Your account;
- assign or transfer Your account or login information to anyone;
- attempt to access the accounts of any user of the Service other than Your own account;
- translate, modify or create derivative works of the Services;
- upload, download, recreate, display, perform, post, reproduce or copy the Services, except with the prior written consent of Rain;
- modify, copy, distribute, download, scrape or transmit in any form or by any means any Content from the Services other than Your content which You legally post on, through or in connection with the Service;
- attempt to derive the source code, source files or structure of the software contained in the Services by reverse engineering, disassembly, decompilation or any other means;
- use the Services except in accordance with all applicable law;
- introduce into the Services any “malware,” such as, but not limited to, viruses, worms, and Trojan Horses;
- use deep-links, page or screen scrapes, web crawlers, web robots, spiders, wanderers, web scutters, or programs, algorithms or methodologies which do the same things in connection with the Services, or use other automated processes to access or to use the Services;
- provide false personal information or create an account for anyone other than Yourself without Rain’s permission;
- create another account without Rain’s permission, if Rain had disabled Your account;
- post, transmit or link from any unlawful, infringing, misleading, deceptive, threatening, libelous, defamatory, plagiarized, fraudulent, harassing, obscene, discriminatory, inflammatory, pornographic or profane material, spam or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate applicable law;
- use the Services in any manner that could damage, disable, undermine, overburden or impair the Services or the servers on which it runs or interfere with any other party’s use of the Services;
- upload, download, post, email or otherwise transmit any material that may infringe copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any party;
- obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Services; or
- use any of the logos, trademarks, service marks or other indicators of origin appearing on the Services.
Rain believes in children’s online safety and does not wish to receive information regarding children under 18 years old. Therefore, You may not post or submit any personally identifiable information of a child under 18 years old or information sufficient to locate such a child on or through the Service. If You are under 18 years of age, then please do not attempt to submit any information to or use the Service.
PAYMENT AND FEES
Rain may impose a fee or charge on You for use of the Services (each a “Fee”), particularly for the Services in connection with Electronic Payments. Under this Agreement, You shall be responsible for payment to Rain of the applicable Fee, and Your payment of the Fee shall be due at or around the time that You request or obtain the Services that are subject to the Fee, as Rain may specify. You authorize Rain to initiate an Electronic Payment to debit Your Primary Bank Account or to otherwise accept payment from You to satisfy any all Fees. You represent and warrant that You are authorized to use any Cards or Payment Services You furnish under the Service. However, Rain shall not charge You solely for use of the Rain App or to solely access your Account through another mechanism.
Rain will apply reasonable measures to protect the security of nonpublic personal information and other data essential for use of the Services, such as information You upload or enter when using the Rain App. You shall protect the confidentiality and security of Your Credentials, and You shall not allow any person to have access to or to use Your Credentials.
Rain is entitled (but not required) to apply security measures to protect the Services and the Content, and Rain may block users (or IP addresses) identified or suspected as being used to access the Services (i) without authorization, (ii) for unlawful purposes or for purposes of disrupting, or (iii) in any manner that presents a risk of damaging the Services.
You shall immediately notify Rain of any activity on the Services suspected as being for unlawful purposes including any activity liable to disrupt, gain unauthorized access to, or cause any damage to the Services.
You shall immediately notify Rain of any security breach involving the Services of which You become aware, including any loss of nonpublic personal information and any incident where nonpublic personal information relating to You becomes available to unauthorized persons through the Services.
Everything You see, hear, or otherwise experience through this Services, including the graphics, videos, text, software, photographs, scripts, interactive features and the like (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Rain, subject to copyright and other intellectual property rights under United States (the “U.S.”) and foreign laws and international conventions. Rain owns the copyright in the selection, coordination, arrangement and enhancement of the Content. Any unauthorized use of any materials on the Services may violate copyright, trademark, and other laws. Content on the Services is provided to You AS IS for Your information and personal use only. For Your personal use, You may view, copy, and print screenshots of the Service. Otherwise, the Service may not be copied, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Rain reserves all rights not expressly granted in and to the Services and the Content. You agree not to use, copy, download, or distribute any of the Content other than as expressly permitted herein, including any use, copying, downloading, making derivative works from, or distribution of user submissions of third parties obtained through the Services for any commercial purposes. You may not incorporate the Content into, or stream or transmit the Content via any hardware or software application, unless Rain first expressly permits you to do so by notifying you in writing. You may not create, recreate, advertise or distribute an index of a significant portion of the Content unless authorized in writing by Rain. You may not build a business using the Content, whether or not for profit. If You copy or print pages of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein, nor may You scrape or use any extraction methods to obtain any content or data from the Services.
Rain may, in its sole discretion, permit You from time to time to submit, upload or otherwise make available to Rain or any of its representatives or agents through the App any suggestions, feedback or recommendations regarding the Service (“Feedback”). If You provide any such Feedback, You hereby grant to Rain a perpetual, non-exclusive, worldwide, royalty-free, fully paid-up, irrevocable, sublicensable and transferable license to use such Feedback for any purpose.
You warrant and represent to Rain as set out below:
The information provided to Rain in any registration or application screen, profile, email, postings, telephone call or through other means including all personal details, contact details and all other data provided to Rain is true in all respects, up-to-date and not misleading in any way.
You shall not access the Services under false identity or pretext and will not use the Services to falsify Your or any other person’s identity.
You shall use the Services lawfully and in good faith.
You shall keep Your log-in credentials and passwords secure and shall not disclose otherwise share such information with any person.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS. THE RAIN PARTIES, APPLE, AND GOOGLE GIVE NO WARRANTY NOR MAKE ANY REPRESENTATION IN RELATION TO THE SERVICE OR THE CONTENT. THE RAIN PARTIES, APPLE, AND GOOGLE EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW AND YOU WAIVE ANY REPRESENTATION OR WARRANTY ON THE PART OF THE RAIN PARTIES, APPLE AND/OR GOOGLE RELATING TO THE SERVICES OR TO THE CONTENT, EXPRESS, IMPLIED, STATUTORY AND OTHERWISE IN CONNECTION WITH THE SERVICES, ANY SOFTWARE LICENSED OR PROVIDED TO YOU BY THE RAIN PARTIES, APPLE AND/OR GOOGLE OR OTHER THIRD PARTIES, INCLUDING ANY IMPLIED WARRANTIES OF AVAILABILITY OF THE SERVICES, NON-DISRUPTION, SECURITY, ACCURACY, LOSS OF DATA OR CORRUPTION OF DATA, THE USE OF REASONABLE CARE AND SKILL, QUALITY, MERCHANTABILITY, TITLE OR ENTITLEMENT, FITNESS FOR A PARTICULAR PURPOSE, ABILITY TO ACHIEVE A PARTICULAR RESULT OR FUNCTIONALITY AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, THE RAIN PARTIES, APPLE, AND GOOGLE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SERVICES OR ON ANY WEBSITES OR APPS LINKED TO THE SERVICES IS ACCURATE, COMPLETE OR CURRENT; THAT THE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR; OR THAT THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES OR THE RAIN APP OR AGREEMENTS YOU ENTER WITH THIRD PARTIES SUCH AS ADVERTISERS WILL MEET YOUR EXPECTATIONS. THE RAIN PARTIES, APPLE, AND GOOGLE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (c) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR INFORMATION STORED THEREIN, (d) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (e) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (f) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.
LIMITATIONS ON LIABILITY
THE RAIN PARTIES, APPLE AND GOOGLE WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM: (a) ANY SUSPENSION OR DISRUPTION OF THE SERVICE, INCLUDING WHERE SUCH SUSPENSION OR DISRUPTION RESULTS FROM THE RAIN PARTIES’ NEGLIGENCE, (b) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (c) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE OR YOUR USE OF ANY ESCOOTER, (d) UNAUTHORIZED ACCESS TO OR USE OF RAIN’S OR ITS AFFILIATES’ SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (e) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (f) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, (g) USER SUBMISSIONS, THIRD PARTY WEBSITES OR APPS, OR (h) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, YOUR BUSINESS TRANSACTIONS OR OTHER INTERACTIONS WITH ANY THIRD PARTIES OR ADVERTISERS, WHEREIN SUCH CONTENT OR ADVERTISEMENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RAIN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
TERMINATION OF THE SERVICES
Rain may at any time, and in Rain’s sole discretion, discontinue the Services or modify the Services, and such action by Rain may adversely affect the use of the Services. Rain shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Services. Rain shall use reasonable efforts to notify users of the cessation of the Services or any changes that would affect Your use of the Services. Rain may give such notices through the Service or on its website or by email communications.
You acknowledge that removing the Rain App from Your mobile phone does not automatically terminate Your rights to use the Services. You may, at any time, request termination of Your use of the Services through the [service termination settings in the Rain App].
Upon Your request that Your use of the Services be terminated:
Your right to access and use the Service will immediately terminate; and
all of Your personal information will be permanently deleted from the Service, provided that
copies of Your data may remain stored for limited periods of time on back-up media which will be cleansed from time to time;
Rain will be entitled to retain any data in non-personal information form which may have been extracted or obtained from Your personal information including any aggregated, anonymized or otherwise de-personalized data.
LINKS TO AND FROM THE SERVICE
The Service may contain links to third party websites and online services (such as apps) that are not owned or controlled by Rain. Rain has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or online services, and You access and use these websites or online services solely at Your own risk. These links are provided for Your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or online services or any association with their operators. Rain will not and cannot control or edit the content of any third-party website or online service. BY USING THE SERVICE, YOU EXPRESSLY RELEASE THE RAIN PARTIES, APPLE AND GOOGLE FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR ONLINE SERVICE AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD PARTY. Accordingly, Rain encourages You to be aware when You leave the Service, and You should read the terms and conditions that apply to other websites You visit.
Rain takes no responsibility for advertisements or any third party material transmitted through or posted on the Service, nor does it take any responsibility for the products or services provided by service providers with profiles or other Content accessible through the Service (“Advertisers”). Any dealings You have with Advertisers found while using the Service are between You and the Advertiser, and You agree that Rain is not liable for any loss or claim that You may have against an Advertiser.
YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO RELEASE THE RAIN PARTIES, APPLE AND GOOGLE FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE AND YOUR TRANSACTIONS WITH ADVERTISERS OR OTHER THIRD PARTIES.
DISPUTE RESOLUTION, MANDATORY ARBITRATION AND CLASS ACTION WAIVER
RAIN AND YOU AGREE THAT ANY PROCEEDINGS TO RESOLVE ANY DISPUTE, INCLUDING ARBITRATION AND LITIGATION IN COURT, WILL BE CONDUCTED INDIVIDUALLY ONLY. Neither Rain nor You will seek to have any dispute heard as a class action, a class wide arbitration, a private attorney-general action, or any other proceeding in which either of Rain or You act(s) or propose(s) to act as a representative for others. Rain and You also agree that no arbitration or other proceeding will be combined with another arbitration or proceeding without the written consent of Rain, You, and every other party to that arbitration or proceeding.
If You elect to opt out, each of You and Rain irrevocably (i) consents to the exclusive jurisdiction and venue of the state and federal courts in the State of Delaware in connection with any matter arising out of this Agreement, (ii) waives any objection to such jurisdiction or venue, (iii) agrees not to commence any legal proceedings related hereto except in such courts, (iv) consents to and agrees to accept service of process to vest personal jurisdiction over it in any such courts and (v) waives any right to trial by jury in any action in connection with this Agreement
ANY LEGAL ACTION BROUGHT BY YOU AGAINST RAIN OR ANY OF THE RAIN PARTIES MUST BE COMMENCED **WITHIN ONE (1) YEAR OF THE DATE ON WHICH SUCH LEGAL CLAIMS WOULD ORDINARILY ACCRUE UNDER THE APPLICABLE STATUTE OF LIMITATIONS OR SIMILAR TEMPORAL DEADLINE FOR COMMENCING A LEGAL ACTION.
Software and the transmission of applicable technical data, if any, in connection with the Service may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the U.S. or the country in which You reside.
THIRD PARTY BENEFICIARIES
YOU ACKNOWLEGE THAT EACH OF THE RAIN PARTIES IS AN INTENDED THIRD PARTY BENEFICIARY OF YOUR RELEASES, WAIVERS AND COVENANTS GIVEN IN THIS AGREEMENT, AND THAT APPLE AND GOOGLE ARE INTENDED THIRD PARTY BENEFICIARIES OF YOUR RELEASES, WAIVERS AND CONVENANTS IN THE APPLE REQUIRED TERMS AND IN THE ADDITIONAL TERMS REQUIRED BY GOOGLE, INC., RESPECTIVELY. SUBJECT TO THE FOREGOING, NOTHING IN THIS AGREEMENT IS INTENDED TO CONFER ANY RIGHT, REMEDY, CAUSE OF ACTION OR LIABILITY ON ANY PERSON OTHER THAN RAIN AND ITS SUCCESSORS AND ASSIGNS AND YOU.
SPECIAL TERMS FOR RESIDENTS OF NEW JERSEY
APPLE REQUIRED TERMS
Scope of License: The license granted to You for the Service is limited to a non-transferable license to use the Service on any iPhone or iPod touch that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
Warranty: As between Apple and Rain, Rain is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Service to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the relevant App to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Rain’s sole responsibility.
Product Claims: Rain and You acknowledge that Rain, not Apple, is responsible for addressing any claims by You or any third party relating to the Service or Your possession and/or use of that Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights: Rain and You acknowledge that, in the event of any third party claim that the Service or Your possession and use of the Service infringes that third party’s intellectual property rights, to the extent a warranty of non-infringement is not validly disclaimed, Rain, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance: You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a country or territory that is subject to a sanctions program (e.g., designated by OFAC); and (ii) You are not identified on any list prepared by the U.S. Government describing prohibited or restricted parties.
Developer Name and Address: Rain may be contacted at in connection with any questions, complaints or claims with respect to the Service.
ADDITIONAL TERMS RELEVANT TO GOOGLE INC.
THE GOOGLE PLAY MARKETPLACE IS OWNED AND OPERATED BY GOOGLE INC. YOUR USE OF GOOGLE PLAY IS GOVERNED BY A LEGAL AGREEMENT BETWEEN YOU AND GOOGLE CONSISTING OF THE GOOGLE TERMS OF SERVICE (FOUND AT HTTP://WWW.GOOGLE.COM/ACCOUNTS/TOS) AND THE GOOGLE PLAY TERMS OF SERVICE (FOUND AT HTTPS://PLAY.GOOGLE.COM/INTL/EN-US_US/ABOUT/PLAY-TERMS.HTML AND TOGETHER WITH THE GOOGLE TERMS OF SERVICE CALLED THE “TERMS”). THE GOOGLE PLAY TERMS OF SERVICE AND GOOGLE TERMS OF SERVICE SHALL TAKE PRECEDENCE IN THAT ORDER IN THE EVENT OF A CONFLICT BETWEEN THEM, TO THE EXTENT OF SUCH CONFLICT.
RAIN IS SOLELY RESPONSIBLE FOR PROVIDING, AND GOOGLE HAS NO OBLIGATION TO PROVIDE, MAINTENANCE AND SUPPORT FOR THE RAIN MOBILE APPLICATION. SUPPORT REQUESTS, AS WELL AS QUESTIONS, COMPLAINTS OR CLAIMS REGARDING THE RAIN MOBILE APPLICATION, MAY BE DIRECTED TO RAIN SUPPORT, 258 3rd AVENUE, VENICE, CA 90291. USERS MAY ALSO CONTACT US BY EMAIL AT INFO@RAIN.US.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE WILL HAVE NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE RAIN MOBILE APPLICATION, AND WILL NOT BE LIABLE FOR ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.
GOOGLE SHALL NOT BE RESPONSIBLE FOR ADDRESSING ANY CLAIMS BY YOU OR ANY THIRD PARTY RELATING TO THE RAIN MOBILE APPLICATION OR YOUR POSSESSION AND/OR USE OF THE RAIN MOBILE APPLICATION, INCLUDING BUT NOT LIMITED TO (I) PRODUCT LIABILITY CLAIMS, (II) ANY CLAIM THAT THE RAIN MOBILE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT, OR (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.
GOOGLE SHALL NOT BE RESPONSIBLE FOR THE INVESTIGATION, DEFENSE, SETTLEMENT OR DISCHARGE OF ANY CLAIM THAT THE RAIN MOBILE APPLICATION OR YOUR POSSESSION AND USE THEREOF INFRINGES A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.
YOU REPRESENT AND WARRANT THAT (I) THE SERVICE(S) WILL NOT BE DOWNLOADED OR USED IN, OR TRANSPORTED TO, A COUNTRY THAT IS SUBJECT TO A UNITED STATES GOVERNMENT EMBARGO OR HAS BEEN DESIGNATED BY THE UNITED STATES GOVERNMENT AS A “TERRORIST-SUPPORTING” COUNTRY, AND (II) YOU ARE NOT LISTED ON ANY UNITED STATES GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES.
REMOVAL OF RAIN MOBILE APPLICATION. RAIN OR GOOGLE INC. MAY, AT ANY TIME AND WITHOUT NOTICE, RESTRICT, INTERRUPT OR PREVENT USE OF THE RAIN MOBILE APPLICATION, OR DELETE THE RAIN MOBILE APPLICATION FROM YOUR SUPPORTED DEVICE, WITHOUT ENTITLING YOU TO ANY REFUND, CREDIT OR OTHER COMPENSATION FROM RAIN OR ANY THIRD PARTY (INCLUDING, BUT NOT LIMITED TO, GOOGLE INC. OR YOUR NETWORK CONNECTIVITY PROVIDER).